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Re: None

Thursday, 10/03/2019 10:04:14 PM

Thursday, October 03, 2019 10:04:14 PM

Post# of 46519
10/16 is the 1 year mark.
There is no guarantee the decision will be in by then.
The guidelines they set for remands from CAFC leave it open ended.
There is no hard deadline, the most definitive deadline they give is 6 months, and may take longer in some cases.

LENGTH OF PROCEEDINGS
Under the AIA, a PTAB proceeding is intended to move quickly.
The AIA requires that the PTAB issue a final written decision on the
patentability of any challenged claim within one year of instituting
a trial. However, for good cause, the PTAB may extend this one-year
statutory period by up to six months (37 C.F.R. §§ 42.100(c), 42.200(c)
and 42.300(c)).



WHich is why I threw out the 1 year mark...

This is from the actual guidelines

The parties should expect the remand process to vary somewhat depending
on the type of case and the issues presented. Appendix 2 to this SOP provides
guidance to parties on remand procedures, plus illustrative examples from recent
cases. Notably, certain scenarios may necessitate an extension of the six-month
goal for issuing a remand decision.





The most recent thing I can find is from July, but it is still pushing the 6 months.

https://www.lw.com/mediaCoverage/4-things-to-know-about-PTAB-trial-practice-guide